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Can an executor move into an estate without agreement/lease/paying rent to the beneficiaries while it is still in probate in the state of NJ? If not, what should I do to legally protect myself in court, if needed?

Asked on 7/15/13, 1:49 pm

3 Answers from Attorneys

I presume you mean that the executor has moved into a house owned by the decedent. If so, that may be a breach of his fiduciary duty. I would recommend consulting with an attorney about whether you should go to court to have him removed. (Note, an executor does have a duty to safeguard this property, so simply keeping others out is well within his role as he decides how to proceed with disposing of assets and selling it.)

Best of luck,

Kevin A. Pollock, J.D., LL.M.

www.PollockAtLaw.com

P: (609) 818-1555

Licensed to practice law in Florida, New Jersey, New York and Pennsylvania.

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Kevin is probably correct. However, if the executor is also an heir entitled to a portion of the estate, some rental payment is the proper way to go. A fair rental is the market rent offset by the Executor's share of the estate. If the Executor is not an heir, the full rental would be paid. Of course, an occupied house is better than an unoccupied one, so some leeway might be appropriate. If the Executor refuses, litigation by the heirs might be required.